Former deputy South Africa Revenue Service
commissioner Ivan Pillay has filed an affidavit stating that he intends to
pursue a review of findings against him in a Public Protector’s report he says
detrimentally affects him.
In response to the report, currently being
challenged by Public Enterprises Minister Pravin Gordhan, Pillay released his
affidavit in the matter between Minister Gordhan and Public Protector Busisiwe
Mkhwebane on Monday afternoon.
The report makes mention of Pillay, including a
finding that Pillay violated South African intelligence prescripts when
establishing an intelligence unit at the tax body. The unit has come to be
known as the ‘rogue unit’, though Gordhan, who was Commissioner of SARS at the
time of its establishment, has denied that it was illegal.
The Nugent commission of inquiry into SARS similarly
found no evidence that the unit was unlawful.
According to Pillay’s lawyers, Werksmans Attorneys,
Pillay is supporting Gordhan’s affidavit in the matter “in the interests
of justice and the public”.
“I intend, after consulting my lawyers, to
pursue review proceedings against the Public Protector and Advocate Mkhwebane
in my own right,” said Pillay’s affidavit.
Pillay said while he associated himself with the
points raised in Gordhan’s founding affidavit, he hoped to raise additional
Amongst other things, Pillay said former SARS head
of enforcement Gene Ravele told him that he was being placed under pressure by
former SARS commissioner Tom Moyane to provide “some sort of report to
implicate” Pillay and Gordhan while Ravele was still under the employ of
“He (Ravele) stated that he had provided some
reports to Moyane, but that Moyane was ‘never happy’ with the content and
constantly requested him to go and rewrite these. In essence, Moyane required
Ravele, under great threat, to draft lies about the unit and me,” Pillay’s
Pillay’s affidavit also says Mkhwebane, in critical
instances, failed to correctly record facts or give those she was obligated to
interview for the report, including former SARS enforcement executive Johann van
Loggenberg adequate opportunity to respond.